
Family
Business Magazine E-Newsletter
November
18, 2008

Contents
1.
Flexibility, creativity will be needed to transfer family businesses in
2009.
2.
Dillard's to close more stores in 2009; investors blast 'atrocious'
performance.
3.
Pilgrim's Pride said to be near bankruptcy.
4.
Family bids to buy back Boscov's assets.
5.
Cuts at Seattle Times, Rodale.
6.
Preparing the family for a business transition.
7.
How your family business can improve its fiscal fitness.

1. Flexibility, creativity will be
needed to transfer family businesses in 2009. "The aging
of the Baby Boom generation, combined with today's economic
uncertainty, means there will be a rising tide of owners seeking to
transfer their privately held businesses in 2009," writes Joseph
Bazzano, a Certified Valuation Analyst with Bloomfield, Conn.-based
Private Equity Transitions LLC. "If your exit plan involves a sale of
your business, here are five trends that will help you think
strategically about this important step."
Read
the whole article.
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2. Dillard's to close more stores in
2009; investors blast 'atrocious' performance. Dillard's
Inc. announced plan to close additional stores after the December
holidays in addition to the 20 it closed this year, according to a
report in the Business Courier of
Cincinnati. Meanwhile, Barrington Capital Group LP and Clinton
Group Inc., which together own 5.7% of the company, wrote a letter to
some of the company's directors demanding the ouster of CEO William
Dillard II. "The performance of the company over the past 10 years has
been atrocious," the letter said, according to the Business Courier. "Since Mr.
Dillard was appointed CEO in May 1998, the company's market
capitalization has plummeted from over $4.36 billion to less than $246
million." Corporate governance experts told the Business Courier that the investors
are unable to force a change, since most of Dillard's shares are
family-controlled. In an earlier letter to directors, the investors
asked them to change the company's share structure. (Source: Business Courier of Cincinnati, Nov.
7, 2008.)
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3. Pilgrim's Pride said to be near
bankruptcy. Independent research firm CreditSights said in
a report that there's a "high probability of a bankruptcy scenario" for
Pilgrim's Pride, according to an article in the Dallas Business Journal. Lenders
agreed to give the company until Nov. 26 to come into compliance with a
debt covenant, the second such waiver since last September, the Wall Street Journal reported. The
new waiver requires Pilgrim's Pride to hire a "chief restructuring
officer," the Wall Street Journal article
said. The report noted that the company had instituted
change-of-control agreements with its four top executives, including
Lonnie Ken Pilgrim, who along with his parents controls 62% of the
company's voting power. (Sources: Dallas Business Journal, Oct. 30,
2008; Wall Street Journal,
Oct. 28, 2008.)
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4. Family bids to buy back Boscov's
assets. A group led by Albert R. Boscov, 79, and
brother-in-law Edwin Lakin, 85, have signed an agreement to buy back
most of the assets of Boscov's Department Stores LLC and rescue it from
the brink of bankruptcy, the Philadelphia
Inquirer reported. A hearing to approve the sale, scheduled for
Nov. 13, was postponed until today because the family's loans were not
yet finalized, according to a Reuters report. Albert Boscov's father
founded the company 97 years ago, the Inquirer
noted. Though terms were not disclosed, the Boscov-Lakin offer
reportedly included more cash than a previous offer from Versa Capital
Management, which included $11 million in cash, the Inquirer article said. Reuters
reported that Versa is seeking a $4 million break-up fee. A financing
expert told the Inquirer that
the Boscov-Lakin deal was a sign of investors' and lenders' confidence
in the family. Frank Strawbridge, whose family's Strawbridge &
Clothier chain was sold to May Department Stores Co., in 1996, told the
Inquirer, "If any family
department store business can succeed in this effort, it would be
Boscov's. They're very good at what they do." (Sources: Philadelphia Inquirer, Nov. 5,
2008, Nov. 6, 2008; Reuters, Nov. 13, 2008.)
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5. Cuts at Seattle Times, Rodale.
The Seattle Times Co. announced a reduction of 130 to 150 staff
positions -- about 10% of the remaining work force -- seven months
after a previous round of cutbacks, the Seattle Times reported. Publisher
Frank Blethen and company president Carolyn Kelly wrote in a memo to
staff that "As the 2009 budgeting process continues, there will be
additional expense reductions, which may include additional layoffs."
The memo added, "As difficult as these operating decisions are, it is
important to remember we have been here for 112 years, weathering many
ups and downs, and these budget actions are necessary to respond to the
current economic decisions and to position our newspaper and online
operations for many more years of success and community service."
Meanwhile, another family-owned publisher, Rodale, announced plans to
lay off 10% of its workforce, eliminating 111 jobs, according to a
report in the Allentown, Pa., Morning
Call. (Sources: Seattle
Times, Nov. 3, 2008; Morning
Call, Nov. 3, 2008.)
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6. Preparing the family for a
business transition. "A family should view a sale, a
merger or an acquisition as both transaction and transition," write
family business advisers Fredda Herz Brown and Sam Davis III in Family Business Agenda, a
publication of Family Business Magazine
that focuses this year on mergers and acquisitions. "Taking the time to
plan in advance can prepare the family emotionally and tactically,"
Brown and Davis write. They offer these tips for families:
- Engage
the next generation in discussions about the future direction of the
business and gain an understanding of their interests.
- Discuss
the risks to family unity associated with any sale or acquisition.
- Clarify
the family's mission and use it to define what the family expects from
the business.
- Assess
the external forces for change that can affect the future of the family
enterprise and develop strategies for managing the impact of such
changes.
- Be
attentive to the emotional risks and benefits of any transaction and
prepared to respond to any opportunities and threats presented.
- Recognize
when transitions can be effected without transactions and engage the
family in planning for transitions that are part of each transaction.

For advice on
preparing for the sale of your business, obtaining the maximum value
for your firm and other M&A topics, see Family Business Agenda. The bonus
publication is included in a subscription to the print edition of Family Business Magazine. Learn how
to subscribe here.
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7. How your family business can
improve its fiscal fitness. In Financial Management of Your Family
Company, adviser Francois de Visscher notes that attention to
sound financial practices and shareholder value are what separate the
best family businesses from the rest. He recommends seven sound
practices to put you on your way to strong financial management:
- Establish
effective financial and governance structures that separate family
issues from business issues.
- Strive
for cash-flow growth, not just business growth.
- Establish
adequately funded liquidity programs for shareholders.
- Invest
year after year in family members' satisfaction with the business,
their confidence in it and their dedication to it, through family
information meetings, programs to stimulate next-generation
entrepreneurship and a family-wide philanthropy program.
- Establish
arm's-length compensation policies for active family members and
communicate them clearly to all shareholders.
- Use
public company accounting standards.
- Make use
of global financial resources. Factor global forces into your strategic
planning, and consider overseas investments or acquisitions.

For more advice
on managing your family firm's resources, see Financial Management of Your Family
Company. Learn more about the book and see the table of contents
here.
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